throbber
No. 16-1215
`In the
`Supreme Court of the United States
`
`
`
`LAMAR, ARCHER & COFRIN, LLP,
`
`
`
` Petitioner,
`v.
`R. SCOTT APPLING,
`
`
` Respondent.
`
`
`
`
`ON WRIT OF CERTIORARI TO THE UNITED STATES
`COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
`
`
`
`JOINT APPENDIX
`
`
`
`Counsel for Petitioner
`GREGORY G. GARRE
` Counsel of Record
`BENJAMIN W. SNYDER
`LATHAM & WATKINS LLP
`555 11th Street, NW
`Suite 1000
`Washington, DC 20004
`(202) 637-2207
`gregory.garre@lw.com
`
`Counsel for Respondent
`PAUL W. HUGHES
` Counsel of Record
`MICHAEL B. KIMBERLY
`JONATHAN WEINBERG
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`(202) 2637-3000
`phughes@mayerbrown.com
`
`
`ROBERT C. LAMAR
`DAVID W. DAVENPORT
`LAMAR, ARCHER &
`COFRIN, LLP
`191 Peachtree St., NE
`Suite 805
`Atlanta, GA 30303
`(404) 577-1777
`
`
`PETITION FOR CERTIORARI FILED APRIL 11, 2017
`CERTIORARI GRANTED JANUARY 12, 2018
`
`

`

`i
`TABLE OF CONTENTS
`
`Page
`
`United States Court of Appeals for the
`Eleventh Circuit Relevant Docket
`Entries: Appling v. Lamar, Archer &
`Cofrin, LLP, No. 16-11911 .............................. JA-1
`
`
`United States District Court for the Middle
`District of Georgia Relevant Docket
`Entries: Appling v. Lamar, Archer &
`Cofrin, LLP, No. 3:15-cv-00031-CAR ............. JA-3
`
`
`United States Bankruptcy Court for the
`Middle District of Georgia Relevant
`Docket Entries: In re Appling, No. 13-
`30083 ............................................................... JA-7
`
`
`United States Bankruptcy Court for the
`Middle District of Georgia Relevant
`Docket Entries: Lamar, Archer & Cofrin,
`LLP v. Appling, Adversary No. 13-3042 ...... JA-13
`
`
`Transcript of September 18, 2014 Trial
`Proceedings, Lamar, Archer & Cofrin,
`LLP v. Appling, No. 13-03042 (Bankr.
`M.D. Ga. Dec. 30, 2014), ECF No. 66
`(excerpts) ....................................................... JA-31
`
`
`Transcript of September 23, 2014 Trial
`Proceedings, Lamar, Archer & Cofrin,
`LLP v. Appling, No. 13-03042 (Bankr.
`M.D. Ga. Dec. 30, 2014), ECF No. 69
`(excerpts) ..................................................... JA-111
`
`
`
`
`
`

`

`ii
`ITEMS PREVIOUSLY REPRODUCED
`
`
`In accordance with Supreme Court Rule 26.1, the
`following items have been omitted in printing this
`joint appendix because they appear on the following
`pages of the appendix to the Petition for a Writ of
`Certiorari (April 11, 2017)
`
`Opinion of the United States Court of Appeals
`for the Eleventh Circuit, Appling v.
`Lamar, Archer & Cofrin, LLP (In re
`Appling), 848 F.3d 953 (11th Cir. 2017) ............ 1a
`
`
`Order on Appeal of the United States District
`Court for the Middle District of Georgia,
`R. Scott Appling v. Lamar, Archer &
`Cofrin, LLP, No. 3:15-CV-031 (M.D. Ga.
`Mar. 28, 2016) ................................................... 20a
`
`
`Opinion of the United States Bankruptcy
`Court for the Middle District of Georgia,
`Lamar, Archer & Cofrin, LLP v. Appling
`(In re Appling), 527 B.R. 545 (Bankr. M.D.
`Ga. Mar. 10, 2015) ............................................ 45a
`
`
`Opinion of the United States Bankruptcy
`Court for the Middle District of Georgia,
`Lamar, Archer & Cofrin, LLP v. Appling
`(In re Appling), 500 B.R. 246 (Bankr. M.D.
`Ga. 2013) ........................................................... 67a
`
`
`
`
`
`
`

`

`JA-1
`RELEVANT DOCKET ENTRIES
`
`U.S. Court of Appeals for the Eleventh Circuit
`Case No. 16-11911
`
`Date Filed Docket Text
`04/28/2016 CIVIL APPEAL DOCKETED. Notice
`of appeal filed by Appellant R. Scott
`Appling on 04/22/2016. Fee Status:
`Fee Paid.
` No hearings
`to be
`transcribed. The appellants brief is
`due on or before 06/01/2016. The
`appendix is due no later than 7 days
`from the filing of the appellant’s brief.
`Awaiting Appellant’s CIP Due on or
`before 05/12/2016 as to Appellant R.
`Scott Appling
`* * *
`06/15/2016 Appellant’s brief filed by R. Scott
`Appling. (ECF: Paul Hughes)
`* * *
`06/21/2016 Appendix filed [One VOLUMES] by
`Appellant R. Scott Appling. (ECF:
`Paul Hughes)
`* * *
`08/02/2016 Corrected Appellee’s Brief filed by
`Appellee Lamar, Archer & Cofrin,
`LLP. (ECF: David Davenport)
`* * *
`
`
`
`

`

`JA-2
`09/01/2016 Reply Brief filed by Appellant R. Scott
`Appling. (ECF: Paul Hughes)
`* * *
`12/15/2016 Oral argument held. Oral Argument
`participants were Paul Whitfield
`Hughes for Appellant R. Scott Appling
`and Robert C. Lamar for Appellee
`Lamar, Archer & Cofrin, LLP.
`to
`02/15/2017 Opinion
`issued by
`court as
`Appellant R. Scott Appling. Decision:
`Reversed and Remanded. Opinion
`type: Published. Opinion method:
`Signed. The opinion is also available
`through the Court’s Opinions page at
`this
`link http://www.ca11.uscourts.
`gov/opinions.
`Judgment entered as to Appellant R.
`Scott Appling
`03/16/2017 Mandate issued as to Appellant R.
`Scott Appling
`04/11/2017 Notice of Writ of Certiorari filed as to
`Appellant R. Scott Appling. SC# 16-
`1215.
`* * *
`01/16/2018 Writ of Certiorari filed as to Appellee
`Lamar, Archer & Cofrin, LLP is
`GRANTED. SC# 16-1215.--[Edited
`01/18/2018 by JC]
`
`
`
`02/15/2017
`
`
`
`

`

`JA-3
`RELEVANT DOCKET ENTRIES
`
`U.S. District Court
`for the Middle District of Georgia
`Case No. 3:15-cv-00031-CAR
`
`# Docket Text
`
`Date
`Filed
`03/24/2015
`
`of APPEAL FROM
`1 Notice
`BANKRUPTCY COURT filed by
`R.
`SCOTT APPLING
`(US
`BANKRUPTCY COURT, ) (Main
`Document
`1
`replaced
`on
`3/24/2015)
`(ggs).
`(Additional
`attachment(s)
`added
`on
`3/24/2015: # 1 Docket Sheet, # 2
`Orders being appealed)
`(ggs).
`(Entered: 03/24/2015)
`* * *
`BANKRUPTCY
`3 Notice
`RECORD
`filed
`APPEAL
`Bankruptcy APPEAL RECORD
`including docket sheet and trial
`exhibits attached. **The Notice of
`Electronic Filing
`serves
`as
`certification
`for
`these appeal
`documents.**
`(US
`COURT,
`BANKRUPTCY
`)
`(Entered: 04/22/2015)
`* * *
`
`of
`
`04/22/2015
`
`
`
`

`

`04/23/2015
`
`05/04/2015
`
`JA-4
`5 EXHIBIT(S) Additional Exhbits
`to the Appeal Record: Part 1 of
`Exhibits from the September 18
`trial re 3 Bankruptcy Appeal
`(Attachments: # 1 Part 2 of
`Exhbits from the September 18
`trial, # 2 Exhibits
`from the
`September
`23
`trial)
`(ggs)
`(Entered: 04/23/2015)
`6 Supplemental Record on Appeal
`transmitted re 1 Bankruptcy
`Appeal
`(US
`BANKRUPTCY
`COURT, ) (Entered: 05/04/2015)
`7 Supplemental Record on Appeal
`transmitted re 1 Bankruptcy
`Appeal
`(US
`BANKRUPTCY
`COURT, ) (Entered: 05/04/2015)
`* * *
`9 Appellant’s BRIEF by R. SCOTT
`APPLING. (WILDER, DANIEL)
`(Entered: 05/27/2015)
`* * *
`07/02/2015 11 Appellee’s BRIEF by LAMAR,
`ARCHER & COFRIN, LLP.
`(DAVENPORT, DAVID) (Entered:
`07/02/2015)
`07/20/2015 12 Appellant’s REPLY BRIEF by R.
`SCOTT APPLING
`(WILDER,
`DANIEL) (Entered: 07/20/2015)
`
`05/04/2015
`
`05/27/2015
`
`
`
`

`

`JA-5
`03/28/2016 13 ORDER that the decision of the
`Bankruptcy
`Court
`be
`AFFIRMED. Ordered by US
`DISTRICT JUDGE C ASHLEY
`ROYAL on 3/28/16. (lap) (Entered:
`03/28/2016)
`affirming
`03/29/2016 14 JUDGMENT
`Bankruptcy Court’s decision. (ggs)
`(Entered: 03/29/2016)
`04/22/2016 15 NOTICE OF APPEAL as to 14
`Judgment, 13 Order by R. SCOTT
`APPLING.
` Filing fee $ 505,
`Receipt No.:
`113G-2310364.
`(WILDER, DANIEL)
`(Entered:
`04/22/2016)
`* * *
`04/25/2016 16 Transmission of Notice of Appeal
`and Docket Sheet to US Court of
`Appeals re: 14 Judgment, 13
`Order, 15 Notice of Appeal Judge
`Appealed: C. Ashley Royal. Court
`Reporter: N/A. Fee Paid: PAID.
`(ggs) (Entered: 04/25/2016)
`Pursuant to F.R.A.P 11(c) the
`Clerk of the District Court for the
`Middle District
`of Georgia
`certifies
`that
`the
`record
`is
`complete
`for purposes of this
`appeal re: 15 Notice of Appeal.
`The entire record on appeal is
`available
`electronically
`(ggs)
`(Entered: 04/25/2016)
`
`04/25/2016
`
`
`
`
`
`

`

`JA-6
`04/28/2016 17 USCA Case Number 16-11911-GG
`re 15 Notice of Appeal filed by R.
`SCOTT APPLING. (ggs) (Entered:
`04/28/2016)
`02/15/2017 18 USCA Order/Opinion Reversing
`and Remanding as to 15 Notice of
`Appeal
`filed by R. SCOTT
`APPLING
`(Attachments: # 1
`Cover
`Letter)(ggs)
`(Entered:
`02/15/2017)
`03/06/2017 19 ORDER on Bankruptcy Appeal
`re 18 USCA Order. Ordered by
`US DISTRICT
`JUDGE C
`ASHLEY ROYAL on 3/6/17. (lap)
`(Entered: 03/06/2017)
`03/16/2017 20 MANDATE of USCA reversing
`and remanding as to 15 Notice of
`Appeal
`filed by R. SCOTT
`APPLING
`(Attachments: # 1
`Cover
`Letter)(ggs)
`(Entered:
`03/16/2017)
`remanding
`03/16/2017 21 JUDGMENT
`(ggs) (Entered: 03/16/2017)
`
`
`case
`
`
`
`

`

`JA-7
`RELEVANT DOCKET ENTRIES
`
`U.S. Bankruptcy Court
`for the Middle District of Georgia
`Case No. 13-30083
`
`# Docket Text
`
`
`
`1 Chapter 7 Voluntary Petition All
`schedules and statements have
`been filed. Fee Amount $306
`filed by R. Scott Appling, Connie
`F. Appling (Entered: 01/18/2013)
`Receipt of Voluntary Petition
`(Chapter
`7)(13-30083)
`[misc,volp7] ( 306.00) Filing Fee.
`Receipt number 9038998. Fee
`amount 306.00. (U.S. Treasury)
`(Entered: 01/18/2013)
`Social Security Number (B21)
`filed by Connie F. Appling, R.
`Scott Appling (Wilder, Daniel)
`(Entered: 01/18/2013)
`* * *
`5 Employee Income Records or
`Affidavit of No Income filed by
`Connie F. Appling, R. Scott
`Appling
`(Wilder,
`Daniel)
`(Entered: 01/18/2013)
`* * *
`
`2
`
`Date
`Filed
`01/18/2013
`
`01/18/2013
`
`01/18/2013
`
`01/18/2013
`
`
`
`

`

`JA-8
`for
`8 Amended Petition; reason
`amendment:to include the image
`of the matrix; filed by Connie F.
`Appling, R.
`Scott Appling
`(related document(s)1 Voluntary
`Petition (Chapter 7)) (Wilder,
`Daniel) (Entered: 01/23/2013)
`* * *
`of
`of Appointment
`11 Notice
`Successor
`Trustee. William
`Flatau added to the case. Ernest
`V. Harris removed from the case.
`filed by U.S. Trustee – MAC
`(Hardy, Elizabeth)
`(Entered:
`01/30/2013)
`* * *
`to Avoid Lien with
`15 Motion
`Branch Banking & Trust Co.
`filed by Connie F. Appling, R.
`Scott Appling Objections due by
`2/27/2013.Hearing scheduled for
`03/27/2013 at 02:00 PM - Athens
`Courthouse.
`(Wilder, Daniel)
`(Entered: 02/07/2013)
`16 Motion to Avoid Lien with John
`Davis filed by Connie F. Appling,
`R. Scott Appling Objections due
`by 2/27/2013.Hearing scheduled
`for 03/27/2013 at 02:00 PM -
`Athens Courthouse.
`(Wilder,
`Daniel) (Entered: 02/07/2013)
`
`01/23/2013
`
`01/30/2013
`
`02/07/2013
`
`02/07/2013
`
`
`
`

`

`02/07/2013
`
`03/01/2013
`
`03/01/2013
`
`03/11/2013
`
`JA-9
`17 Motion
`to Avoid Lien with
`Lamar, Archer & Cofrin, LLP
`filed by Connie F. Appling, R.
`Scott Appling Objections due by
`2/27/2013.Hearing scheduled for
`03/27/2013 at 02:00 PM - Athens
`Courthouse.
`(Wilder, Daniel)
`(Entered: 02/07/2013)
`18 Order Granting Motion To Avoid
`Lien with Lamar, Archer &
`Cofrin, LLP (Related Doc # 17)
`Signed
`on
`3/1/2013.
`(Huellemeier, M.)
`(Entered:
`03/04/2013)
`19 Order Granting Motion To Avoid
`Lien with John Davis (Related
`Doc # 16) Signed on 3/1/2013.
`(Huellemeier, M.)
`(Entered:
`03/04/2013)
`* * *
`to Avoid Lien with
`24 Motion
`Branch Banking & Trust
`Amended
`filed by Connie F.
`Appling, R.
`Scott Appling
`Objections
`due
`by
`4/1/2013.Hearing scheduled for
`04/24/2013 at 02:00 PM - Athens
`Courthouse.
`(Wilder, Daniel)
`(Entered: 03/11/2013)
`
`
`
`

`

`03/12/2013
`
`03/15/2013
`
`04/02/2013
`
`04/23/2013
`
`JA-10
`25 Notice of Withdrawal filed by
`Connie F. Appling, R. Scott
`Appling (related document(s)15
`Motion to Avoid Lien) (Wilder,
`Daniel) Modified on 3/18/2013
`(Martin, D.). Amended
`by
`document
`26.
`(Entered:
`03/12/2013)
`26 Amended Document Corrent
`caption to include creditor name
`filed by Connie F. Appling, R.
`Scott
`Appling
`(related
`document(s)15 Motion to Avoid
`Lien, 25 Notice of Withdrawal)
`(Wilder,
`Daniel)
`(Entered:
`03/15/2013)
`27 Order Granting Motion To Avoid
`Lien with Branch Banking &
`Trust Co. (Related Doc # 24)
`Signed on 4/2/2013. (Stratigos, C)
`(Entered: 04/02/2013)
`* * *
`(65
`29 Adversary case 13-03042.
`(Dischargeability
`-
`other))
`Complaint by Lamar, Archer &
`Cofrin, LLP against R. Scott
`Appling . Receipt Number fnp,
`Fee Amount $293 (Clowers, V.)
`(Entered: 04/23/2013)
`
`
`
`

`

`
`
`JA-11
`30 Financial Management Course
`Certificate filed by Connie F.
`Appling, R.
`Scott Appling
`(related document(s)12 Meeting
`of Creditors Chapter 7 No Asset)
`(Wilder,
`Daniel)
`(Entered:
`04/23/2013)
`Chapter 7 Trustee’s Report of No
`Distribution: I, William Flatau,
`having been appointed trustee of
`the estate of the above-named
`debtor(s), report that I have
`neither received any property nor
`paid any money on account of
`this estate; that I have made a
`diligent inquiry into the financial
`affairs of the debtor(s) and the
`location of the property belonging
`to the estate; and that there is no
`property
`available
`for
`distribution from the estate over
`and above that exempted by law.
`Pursuant to Fed R Bank P 5009,
`I hereby certify that the estate of
`the above-named debtor(s) has
`been
`fully
`administered.
`I
`request that I be discharged from
`any further duties as trustee.
`Key information about this case
`as reported in schedules filed by
`the debtor(s) or otherwise found
`in the case record: This case was
`pending for 3 months. Assets
`Abandoned (without deducting
`any secured claims): $ 0.00,
`
`04/23/2013
`
`04/30/2013
`
`
`
`

`

`JA-12
`Assets Exempt: $ 551900.00,
`Claims Scheduled: $ 1443514.99,
`Claims Asserted: Not Applicable,
`Claims
`scheduled
`to
`be
`discharged without
`payment
`(without deducting the value of
`collateral or debts excepted from
`discharge):
`$
`1443514.99.
`(Flatau, William) Modified on
`1/29/2015 (Thiel, J.). (Entered:
`04/30/2013)
`31 Order Discharging Both Debtors
`. Signed on 5/14/2013 (Miller, M.)
`(Entered: 05/14/2013)
`* * *
`33 FINAL DECREE. The estate of
`the above-named debtor(s) has
`been fully administered. IT IS
`ORDERED THAT: the current
`and any former case or interim
`trustee is discharged as trustee
`of the above-named debtor and
`the bond is cancelled; the case of
`the above-named debtor(s)
`is
`closed. THIS IS A TEXT ONLY
`ORDER. Signed on 10/24/2014.
`(Auto7) (Entered: 10/24/2014)
`34 Order Reopening Case . Signed
`on
`10/27/2014
`(Thiel,
`J.)
`(Entered: 10/28/2014)
`* * *
`
`
`
`05/14/2013
`
`10/24/2014
`
`10/27/2014
`
`
`
`

`

`JA-13
`RELEVANT DOCKET ENTRIES
`
`U.S. Bankruptcy Court
`for the Middle District of Georgia
`Case No. 13-03042
`
`# Docket Text
`
`Date
`Filed
`04/23/2013
`
`(65
`1 Adversary case 13-03042.
`(Dischargeability
`-
`other))
`Complaint by Lamar, Archer &
`Cofrin, LLP against R. Scott
`Appling . Receipt Number fnp,
`Fee Amount $293 (Clowers, V.)
`(Entered: 04/23/2013)
`* * *
`2 Amended Complaint CM/ECF
`Electronic Filing of Complaint by
`Bruce B. Weddell on behalf of
`Lamar, Archer & Cofrin, LLP
`against R. Scott Appling. (related
`document(s)1 Complaint filed by
`Plaintiff Lamar, Archer & Cofrin,
`LLP) (Weddell, Bruce) (Entered:
`04/26/2013)
`
`04/26/2013
`
`
`
`

`

`04/26/2013
`
`04/29/2013
`
`05/28/2013
`
`
`
`JA-14
`3 Amended Complaint Amended
`CM/ECF Electronic Filing of
`Complaint by Bruce B. Weddell
`on behalf of Lamar, Archer &
`Cofrin, LLP against R. Scott
`Appling. (related document(s)1
`Complaint
`filed by Plaintiff
`Lamar, Archer & Cofrin, LLP)
`(Weddell,
`Bruce)
`(Entered:
`04/26/2013)
`* * *
`(65
`Adversary case 13-03042.
`(Dischargeability
`-
`other))
`Complaint by Lamar, Archer &
`Cofrin, LLP against R. Scott
`Appling . Receipt Number fnp,
`Fee Amount $293 (Clowers, V.)
`(related document(s)1 Complaint
`filed by Plaintiff Lamar, Archer
`& Cofrin, LLP). Pre-Trial
`Conference set for 7/2/2013 at
`01:30 PM at Athens Courthouse.
`(Stratigos,
`C)
`(Entered:
`04/29/2013)
`* * *
`7 Motion to Dismiss Adversary
`Proceeding filed by Defendant R.
`Scott Appling (Wilder, Daniel)
`(Entered: 05/28/2013)
`
`
`
`

`

`05/28/2013
`
`06/11/2013
`
`06/11/2013
`
`06/17/2013
`
`JA-15
`8 Answer to Complaint filed by
`Defendant R. Scott Appling
`(Wilder,
`Daniel)
`(Entered:
`05/28/2013)
`* * *
`9 Amended Complaint by Robert
`C. Lamar on behalf of Lamar,
`Archer & Cofrin, LLP against R.
`Scott
`Appling.
`(related
`document(s)1 Complaint filed by
`Plaintiff Lamar, Archer & Cofrin,
`LLP) (Lamar, Robert) (Entered:
`06/11/2013)
`to
`10 Response with opposition
`Motion
`to Dismiss
`filed by
`Plaintiff Lamar, Archer & Cofrin,
`LLP
`(related
`document(s)7
`Motion to Dismiss Adversary
`Proceeding)
`(Lamar, Robert)
`(Entered: 06/11/2013)
`* * *
`to Amend Complaint
`11 Motion
`(Related document(s) 9 Amended
`Complaint
`filed by Plaintiff
`Lamar, Archer & Cofrin, LLP.
`(Entered: 06/17/2013)
`* * *
`
`
`
`

`

`06/24/2013
`
`06/24/2013
`
`06/24/2013
`
`JA-16
`13 Response with opposition Reply
`to Plaintiff’s Response (Dkt. 10)
`to Motion to Dismiss filed by
`Defendant R. Scott Appling
`(related document(s)7 Motion to
`Dismiss Adversary Proceeding)
`(Wilder,
`Daniel)
`(Entered:
`06/24/2013)
`14 Response with opposition filed by
`Defendant R. Scott Appling
`(related document(s)11 Motion to
`Amend Complaint)
`(Wilder,
`Daniel) (Entered: 06/24/2013)
`15 Answer to Complaint (Answer to
`Amended Complaint)
`filed by
`Defendant R. Scott Appling
`(Wilder,
`Daniel)
`(Entered:
`06/24/2013)
`* * *
`
`
`
`

`

`
`
`JA-17
`(related
`Held
`Hearing
`document(s)1 Complaint filed by
`Plaintiff Lamar, Archer & Cofrin,
`LLP, Hearing Set on Complaint,
`7 Motion to Dismiss Adversary
`Proceeding filed by Defendant R.
`Scott Appling, 10 Response With
`Opposition
`filed by Plaintiff
`Lamar, Archer & Cofrin, LLP, 11
`Motion to Amend Complaint filed
`by Plaintiff Lamar, Archer &
`Cofrin, LLP, 13 Response With
`Opposition filed by Defendant R.
`Scott Appling, 14 Response With
`Opposition filed by Defendant R.
`Scott
`Appling).
`Order/Withdrawal
`Follow-up
`Due:
`7/23/2013.
`(NeSmith,
`Fran)JUDGE
`TO DECIDE.
`(Entered: 07/05/2013)
`16 Opposing Brief filed by Plaintiff
`Lamar, Archer & Cofrin, LLP
`(related document(s)7 Motion to
`Dismiss Adversary Proceeding)
`(Weddell,
`Bruce)
`(Entered:
`07/10/2013)
`17 Order Granting Motion To
`Amend Complaint(RE: Related
`Doc # 11) amending (related
`documents:9
`Amended
`Complaint). Signed on 9/19/2013.
`(Hooper,
`D.)
`(Entered:
`09/20/2013)
`
`07/02/2013
`
`07/10/2013
`
`09/19/2013
`
`
`
`

`

`09/19/2013
`
`09/19/2013
`
`10/07/2013
`
`11/21/2013
`
`
`
`JA-18
`18 Memorandum Opinion (related
`document(s)7 Motion to Dismiss
`Adversary Proceeding. Signed on
`9/19/2013 (Hooper, D.) (Entered:
`09/20/2013)
`to
`19 Order Denying Motion
`Dismiss Adversary Proceeding
`(Related Doc # 7) Signed on
`9/19/2013. (Hooper, D.) (Entered:
`09/20/2013)
`* * *
`(related
`Held
`Hearing
`document(s)1 Complaint filed by
`Plaintiff Lamar, Archer & Cofrin,
`LLP, 20 Scheduling Order).
`Order/Withdrawal
`Follow-up
`Due:
`10/28/2013.
`(NeSmith,
`Fran)90 DAYS TO COMPLETE
`DISCOVERY,
`SCHEDULE
`STATUS
`CONF.
`(Entered:
`10/07/2013)
`* * *
`filed by
`to Quash
`27 Motion
`Defendant R. Scott Appling
`Hearing scheduled for 12/18/2013
`at
`01:30 PM
`at Athens
`Courthouse
`(Wilder, Daniel)
`(Entered: 11/21/2013)
`
`
`
`

`

`11/21/2013
`
`12/10/2013
`
`01/21/2014
`
`01/21/2014
`
`JA-19
`28 Response with opposition filed by
`Defendant R. Scott Appling
`(related
`document(s)24
`Certificate of Service) (Wilder,
`Daniel) (Entered: 11/21/2013)
`* * *
`30 Response with opposition
`to
`Defendant’s Objections to Notice
`of Deposition filed by Plaintiff
`Lamar, Archer & Cofrin, LLP
`(related document(s)28 Response
`With
`Opposition)
`(Lamar,
`Robert) (Entered: 12/10/2013)
`* * *
`44 Notice of Withdrawal filed by
`Defendant R. Scott Appling
`(related document(s)27 Motion to
`Quash)
`(Wilder,
`Daniel)
`(Entered: 01/21/2014)
`45 Notice of Withdrawal filed by
`Defendant R. Scott Appling
`(related document(s)28 Response
`With
`Opposition)
`(Wilder,
`Daniel) (Entered: 01/21/2014)
`
`
`
`

`

`01/22/2014
`
`
`
`03/10/2014
`
`
`
`JA-20
`(65
`Adversary case 13-03042.
`(Dischargeability
`-
`other))
`Complaint by Lamar, Archer &
`Cofrin, LLP against R. Scott
`Appling . Receipt Number fnp,
`Fee Amount $293 (Clowers, V.)
`(related document(s)1 Complaint
`filed by Plaintiff Lamar, Archer
`& Cofrin, LLP). Status hearing to
`be held on 3/10/2014 at 02:30 PM
`at Macon Courtroom A. (Hooper,
`D.) Status conference will be held
`in Macon via conference call.
`(Entered: 01/22/2014)
`* * *
`(related
`Held
`Hearing
`document(s)1 Complaint filed by
`Plaintiff Lamar, Archer & Cofrin,
`LLP, 42 Order on Motion to
`Extend or Shorten Time, Hearing
`Set
`on
`Complaint).
`Order/Withdrawal
`Follow-up
`Due:
`3/31/2014.
`(NeSmith,
`Fran)90 DAYS, SCHEDULE
`STATUS HEARING. WILL BE
`HELD
`BY
`PHONE
`CONFERENCE
`IN MACON.
`(Entered: 03/10/2014)
`* * *
`
`
`
`

`

`
`
`
`04/28/2014
`
`04/30/2014
`
`JA-21
`50 Motion to Compel Defendant’s to
`Deposition
`filed by Plaintiff
`Lamar, Archer & Cofrin, LLP
`(Attachments: # 1 Exhibit 1 # 2
`Exhibit 2 # 3 Exhibit 3) (Lamar,
`Robert) (Entered: 04/14/2014)
`* * *
`53 Response with opposition filed by
`Defendant R. Scott Appling
`(related document(s)50 Motion to
`Compel)
`(Wilder,
`Daniel)
`(Entered: 04/28/2014)
`* * *
`Hearing Held and Continued to
`Final Disposition Calendar.
`Reason: CONSENT ORDER TO
`BE
`FILED.
`(related
`document(s)50 Motion to Compel
`filed by Plaintiff Lamar, Archer
`& Cofrin, LLP, 53 Response With
`Opposition filed by Defendant R.
`Scott Appling). Final Disposition
`Hearing scheduled for 6/10/2014
`at
`02:30 PM
`at Athens
`Courthouse
`(NeSmith, Fran)
`(Entered: 05/01/2014)
`* * *
`
`
`
`
`
`

`

`
`
`JA-22
`(related
`Held
`Hearing
`document(s)1 Complaint filed by
`Plaintiff Lamar, Archer & Cofrin,
`LLP, 46 Scheduling Order).
`Order/Withdrawal
`Follow-up
`Due:
`7/7/2014.
`(NeSmith,
`Fran)SCHEDULE TRIAL FOR 1
`DAY
`IN
`AUGUST
`OR
`SEPTEMBER.
`(Entered:
`06/16/2014)
`* * *
`61 PDF with attached Audio File.
`Court Date & Time [ 9/18/2014
`9:37:49 AM ]. File Size [ 54360
`KB ]. Run Time [ 03:46:30 ].
`(CourtSpeak).
`(Entered:
`09/18/2014)
`(related
`Hearing Continued
`document(s)1 Complaint filed by
`Plaintiff Lamar, Archer & Cofrin,
`LLP). Hearing scheduled
`for
`9/23/2014 at 01:30 PM at Macon
`Courtroom A (NeSmith, Fran)
`REMAINDER OF TRIAL WILL
`BE HEARD
`IN MACON.
`(Entered: 09/19/2014)
`62 PDF with attached Audio File.
`Court Date & Time [ 9/23/2014
`1:36:03 PM ]. File Size [ 40529
`KB ]. Run Time [ 02:48:52 ].
`(CourtSpeak).
`
`(Entered:
`09/23/2014)
`
`
`
`06/16/2014
`
`09/18/2014
`
`09/18/2014
`
`09/23/2014
`
`
`
`

`

`
`
`JA-23
`(related
`Held
`Hearing
`document(s)1 Complaint filed by
`Plaintiff Lamar, Archer & Cofrin,
`LLP). Order/Withdrawal Follow-
`up Due: 10/14/2014. (NeSmith,
`Fran)20 DAYS TO BRIEF
`JUDGE
`WILL
`DECIDE.
`(Entered: 09/25/2014)
`by
`filed
`63 Supporting Brief
`Defendant R. Scott Appling
`(related document(s) Hearing
`Held) (Wilder, Daniel) (Entered:
`10/13/2014)
`64 Letter by David W. Davenport to
`Judge James P. Smith. (Spilman,
`C) (Entered: 10/14/2014)
`65 Letter by Judge James P. Smith
`to David Davenport and Daniel
`Wilder. (Spilman, C) (Entered:
`10/14/2014)
`Transcript Request from David
`Davenport of Lamar Archer for
`hearings held on 9/18/14 &
`9/23/14. Payment has been made
`to
`the
`transcription agency,
`Information transmitted to the
`transcriptionist on 11/21/2014.
`(Thomas,
`R.)
`(Entered:
`11/21/2014)
`
`
`
`09/23/2014
`
`10/13/2014
`
`10/14/2014
`
`10/14/2014
`
`11/21/2014
`
`
`
`

`

`12/22/2014
`
`12/22/2014
`
`12/22/2014
`
`12/22/2014
`
`JA-24
`66 Transcript of Hearing held on
`9/18/2014. (related document(s)1
`Complaint
`filed by Plaintiff
`Lamar, Archer & Cofrin, LLP).
`Redacted
`Transcript
`Due
`1/22/2015. TRANSCRIPT
`IS
`RESTRICTED UNTIL 3/23/2015.
`(Thomas,
`R.)
`(Entered:
`12/30/2014)
`67 Notice of Official Filing of
`Transcript of Hearing Held on
`9/18/.2014
`(related
`document(s)66 Transcript
`of
`Hearing). (Thomas, R.) (Entered:
`12/30/2014)
`68 Amended Notice of Official Filing
`of Transcript of Hearing Held on
`9/18/2014 (related document(s)66
`Transcript of Hearing). (Thomas,
`R.) Amended to correct adversary
`number
`listed
`in
`notice.
`(Entered: 12/30/2014)
`70 Notice of Official Filing of
`Transcript of Hearing Held on
`9/23/2014 (related document(s)66
`Transcript of Hearing). (Thomas,
`R.). Related document(s) 69
`Transcript of Hearing. (Entered:
`12/30/2014)
`
`
`
`

`

`12/22/2014
`
`01/09/2015
`
`01/12/2015
`
`01/21/2015
`
`JA-25
`69 Transcript of Hearing held on
`9/23/2014. (related document(s)1
`Complaint
`filed by Plaintiff
`Lamar, Archer & Cofrin, LLP).
`Redacted
`Transcript
`Due
`1/30/2015. TRANSCRIPT
`IS
`RESTRICTED UNTIL 3/30/2015.
`(Thomas,
`R.)
`(Entered:
`12/30/2014)
`* * *
`74 Letter to Honorable James P.
`Smith Re:
`filed by Plaintiff
`Lamar, Archer & Cofrin, LLP
`(Lamar,
`Robert)
`(Entered:
`01/09/2015)
`75 Letter by Judge James P. Smith
`to David Davenport and Daniel
`Wilder. (Spilman, C) (Entered:
`01/12/2015)
`76 Letter to Honorable James P.
`Smith Re:
`filed by Plaintiff
`Lamar, Archer & Cofrin, LLP
`(Lamar, Robert)See document 77
`for correct event Modified on
`1/22/2015 (Thiel, J.). (Entered:
`01/21/2015)
`
`
`
`

`

`01/21/2015
`
`03/10/2015
`
`03/10/2015
`
`03/23/2015
`
`JA-26
`77 Trial Brief filed by David W.
`Davenport on behalf of Plaintiff
`Lamar, Archer & Cofrin, LLP
`(related
`document(s)1
`Complaint)
`Re-docketed
`document 76 to correct event
`(Thiel, J.) (Entered: 01/22/2015)
`78 Memorandum Opinion (related
`document(s)1 Complaint. Signed
`on
`3/10/2015
`(Martin, D.)
`(Entered: 03/10/2015)
`(related
`79 Order
`granting
`document(s)1 Complaint. Court
`to followup on Final Report or
`closing:3/24/2015. Signed
`on
`3/10/2015 (Martin, D.) (Entered:
`03/10/2015)
`* * *
`82 Notice of Appeal. . Fee Amount
`$298 filed by Defendant R. Scott
`Appling (related document(s)78
`Memorandum Opinion, 79 Order
`on
`Complaint)
`Appellant
`Designation due by 04/6/2015.
`(Wilder,
`Daniel)
`(Entered:
`03/23/2015)
`* * *
`
`
`
`

`

`JA-27
`83 Transmittal of Initial Notice of
`Appeal to District Court (related
`document (s)82 Notice of Appeal
`filed by Defendant R. Scott
`Appling).
`(Clough,
`Diana)
`(Entered: 03/24/2015)
`* * *
`of
`Designation
`87 Appellant
`Contents For Inclusion in Record
`On Appeal and Statement of
`Issues filed by Defendant R. Scott
`Appling (related document(s)82
`Notice
`of Appeal) Appellee
`designation due by 04/20/2015.
`Transmission Due by 05/6/2015.
`(Wilder,
`Daniel)
`(Entered:
`04/06/2015)
`88 Letter to Honorable James P.
`Smith Re:
`filed by Plaintiff
`Lamar, Archer & Cofrin, LLP
`(Davenport, David) re-docketed
`entry
`- see 89 Appellee
`designation of record on
`Appeal (Entered: 04/20/2015)
`89 Appellee Designation of Contents
`for Inclusion in Record on Appeal
`filed by Plaintiff Lamar, Archer
`& Cofrin, LLP (in letter form)
`(related document(s)82 Notice of
`Appeal) (Kennell, E.) (Entered:
`04/21/2015)
`
`03/24/2015
`
`04/06/2015
`
`04/20/2015
`
`04/21/2015
`
`
`
`

`

`JA-28
`90 Transmittal of Complete Record
`on Appeal to District Court
`(related document(s)82 Notice of
`Appeal filed by Defendant R.
`Scott Appling). (Taylor-Owens,
`M.) (Entered: 04/22/2015)
`91 Addendum to Record on Appeal
`to include Exhibits emailed to
`Amy Stapleton at District Court.
`(related document(s)82 Notice of
`Appeal)
`(Taylor-Owens, M.)
`(Entered: 04/23/2015)
`92 Transmittal of Addendum to
`Appeal to include Exhibits 5 and
`6. (related document(s)82 Notice
`of Appeal) (Taylor-Owens, M.)
`(Entered: 05/04/2015)
`93 Final Order By District Court.
`Ruling of District Court: The
`Court agrees with the decision of
`the
`Bankruptcy
`Court.
`Accordingly,
`it
`is HEREBY
`ORDERED that the decision of
`the Bankruptcy Court
`be
`AFFIRMED.
`(related
`document(s)79, 78 Memorandum
`Opinion, Order on Complaint.
`Appeal
`follow-up
`due
`by
`4/28/2016. Signed on 3/28/2016
`(Entered: 03/29/2016)
`* * *
`
`04/22/2015
`
`04/23/2015
`
`05/04/2015
`
`03/29/2016
`
`
`
`

`

`JA-29
`95 Order from 11th Circuit Court of
`Appeals Re: Appeal BK Case
`Number
`13-3042-JPS
`and
`District Ct Case Number 15-
`00031-CAR and 11th Circuit
`Case
`Number
`16-11911
`Reversing and Remanding
`.
`Signed on 2/15/2017
`(Clough,
`Diana) (Entered: 02/16/2017)
`96 Order By District Court on
`Bankruptcy Appeal. Pursuant to
`the decision of the 11th Circuit,
`this Court’s Order entered on
`March 28, 2016 is reversed, and
`the case is remanded to the
`Bankruptcy Court for further
`proceedings consistent with said
`decision. Follow-up due by
`4/5/2017. Signed on 3/6/2017
`(Clough,
`Diana)
`(Entered:
`03/07/2017)
`Joint Motion To Stay (related
`documents 96 Order District
`Court
`re: Appeal)
`filed by
`Plaintiff Lamar, Archer & Cofrin,
`LLP and Defendant R. Scott
`Appling
`(Lamar,
`Robert)
`Modified on 4/6/2017 (Harris, D.).
`See amended document 99.
`(Entered: 04/04/2017)
`* * *
`
`97
`
`02/15/2017
`
`03/06/2017
`
`04/04/2017
`
`
`
`

`

`04/05/2017
`
`99
`
`JA-30
`-
`Joint Amended Document
`Amended to correct some text
`within the original motion filed
`by Defendant R. Scott Appling ,
`Plaintiff Lamar, Archer & Cofrin,
`LLP
`(related
`document(s)97
`Motion To Stay) (Harris, D.)
`(Entered: 04/06/2017)
`04/17/2017 100 Consent Order Granting Motion
`To Stay (Related Doc # 97)
`Signed on 4/17/2017. (Harris, D.)
`(Entered: 04/18/2017)
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`JA-31
`UNITED STATES BANKRUPTCY COURT
`MIDDLE DISTRICT OF GEORGIA
`
`CASE NO: 13-03042
`ADVERSARY
`Athens, Georgia
`Thursday, September
`18, 2014
`(9:37 a.m. to 12:22 p.m.)
`(1:31 p.m. to 2:48 p.m.)
`
`
`LAMAR, ARCHER &
`COFRIN, LLP,
`
`Plaintiff,
`vs.
`
`R. SCOTT APPLING,
`
`
`Defendant.
`MAIN CASE: 13-30083
`R. SCOTT APPLING AND CONNIE F. APPLING
`TRIAL PROCEEDINGS
`BEFORE THE HONORABLE JAMES P. SMITH,
`UNITED STATES BANKRUPTCY JUDGE
`* * *
`[13]
`* * *
`DIRECT EXAMINATION
`BY MR. DAVENPORT:
`Q Mr. Gordon, would you state your name and
`occupation, residence for the Court.
`A My name is --
`
` THE COURT: Let’s don't put his residence
`in. There’s a hesitancy in federal court now to give
`residence address unless there’s some kind of
`relevance to the case, so --
`
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`

`

`JA-32
`A My name is Walter James Gordon, Senior. I'm
`an attorney in Hartwell, Georgia.
`Q Do you have your own law firm in Hartwell,
`Georgia?
`A
`I do.
`Q Are you also involved with the -- representing
`the City in Hartwell?
`A Hart County.
`Q Or the county. And what’s your --
`A Yes, I’m the county attorney for Hart County.
`Q Okay. Now, you’re familiar with the underlying
`cases involved in this bankruptcy --
`A
`I am. [14]
`Q Okay. And you know Mr. Appling?
`A
`I do.
`Q Can you tell the Court -- first of all, you were co-
`counsel in the underlying suit of Scott Appling and
`Hartwell Enterprises versus John Davis, Herrington,
`Seeding, Norga, and the other Defendants?
`A Yes.
`Q Okay. How did you come to be co-counsel in
`that case?
`A Mr. Appling had consulted with me. He had
`come to me after he had engaged in a -- the purchase
`of a business, Herrington Seating, and another
`smaller business. And he was concerned that he had
`overpaid for the business or that certain things were
`not as he believed them to be and wanted to talk
`about basically rescinding, or coming out of, the
`
`
`
`

`

`JA-33
`arrangement that he had entered into. When I
`talked with him, I explained to him that I just didn’t
`have the -- you know, I have -- at that time I had one
`associate and several clerks but practiced by myself,
`and at the time I didn’t feel that I had the time or
`the depth in my practice to do what needed to be
`done. It was a several million dollar deal and he had
`a significant payment that was looming -- I think it
`was coming up within the next month -- and I knew
`that I would not be able to devote the time or effort
`that a case like that would need. It was just too
`complex for me. So I had referred him to Mr. Lamar.
`I later learned that he had hired Mr. Lamar, and Mr.
`Lamar talked to me [15] about assisting in a local
`counsel or co-counsel position, which I was happy to
`do.
`Q Okay. And when -- what -- when was that?
`Was that in July of 2004? Just to keep this moving.
`A As best I remember. It was -- it could have been
`June. It was June or July of 2004.
`Q And did Mr. Appling, on his own behalf and his
`company’s behalf, in fact hire you as local counsel,
`co-counsel?
`A Yes.
`Q
`In addition to Lamar, Archer, And Cofrin?
`A Yes.
`Q And did you in fact perform and do work on
`their -- the 13 Defendant’s case --
`A
`I did.
`Q Okay. And were you aware as the case
`progressed during the time range in March that
`
`
`
`

`

`JA-34
`Lamar, Archer, and Cofrin had sent a letter to Mr.
`Appling regarding his past due fees?
`A Yes, I believe I was copied on that letter.
`Q Okay. And at that time, were you owed fees
`also?
`A Yes.
`Q How much were the fees that you were owed?
`A
`In March of 2005, Mr. Appling had made a
`payment to me, perhaps two, but at that time in
`March of ’05, my time records showed that I was
`owed approximately 17 or $18,000.
`Q Okay. And in the letter that Mr. Lamar sent on
`behalf of [16]

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